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Table 3-1 (Permitted Use Table) lists each land use available in the city and indicates whether it is allowed by right, with a conditional use permit, as an accessory or temporary use, or prohibited, in each base zoning district. References to additional regulations (i.e., use-specific standards) applicable to a certain land use are also included in the right hand column. Other property uses or restrictions on uses may be contained in the city’s base or overlay zoning district regulations in Article II (Zoning Districts). If a property is located in a PD-O (Planned Development Overlay) district, the permitted uses, conditional use, and any conditions on those uses are contained in the rezoning ordinance and related documents for that property.
A. Permitted uses. A “P” in a cell of the Permitted Use Table indicates that the land use is allowed by right in that zoning district, subject to compliance with the use-specific standards referenced in the right hand column for that use.
B. Conditional uses. A “C” in a cell of the Permitted Use Table indicates that the land use is allowed in that zoning district only upon approval of a conditional use permit as described in § 14.05.04G. and subject to compliance with any use-specific standards referenced in the right hand column for that use.
C. Prohibited uses. A blank cell in the Permitted Use Table indicates that the land use is prohibited in that zoning district.
D. Accessory uses. An “A” in a cell of the Permitted Use Table indicates that the land use is allowed in that zoning district only if it is incidental and subordinate to a permitted primary use of the land in that district (i.e., a P or C use that has been approved for the site).
E. Temporary uses. A “T” in a cell of the Permitted Use Table indicates that the use is permitted in that zoning district for a temporary amount of time and only after approval of a temporary use permit (§ 14.05.04F.) and subject to compliance with any use-specific standards referenced in the right hand column for that use.
F. Overlay district provisions govern. When a property is located within the boundaries of 1 or more of the overlay districts listed in § 14.02.06, the provisions for that overlay district prevail over those in the base zoning district. For example, if a use is prohibited in the base zoning district where the property is located, but is a permitted use in an overlay district applicable to the same property, then the use is allowed on that property. On the other hand, if a use is listed as a permitted use in the base zoning district but is listed as a conditional use in an overlay zoning district applicable to the same property, then the use is a conditional use for that property. Where a property is located in more than one overlay district, then the most restrictive use provision in those overlay zoning districts shall apply to the property.
G. Use-specific standards. When a land use is allowed in a zoning district, there may be additional standards that apply to that specific use. Those additional standards (use-specific standards) are cross-referenced in the right hand column of the Permitted Use Table. These cross-referenced standards appear in § 14.03.03 immediately following the Permitted Use Table.
H. Unlisted uses. When a proposed land use is not explicitly listed in the Permitted Use Table, the Zoning Administrator shall determine whether or not it is included in the definition of a listed use or is so consistent with the size, scale, operating characteristics and external impacts of a listed use that it should be treated as the same use. Any such interpretation shall be made available to the public and shall be binding on future decisions of the city until the Director makes a different interpretation or this Development Code is amended to treat the use differently.
I. Licences and permits required. All uses required by the State of Arizona or the federal government to have an approval, license, or permit to operate, issued by the state or by another public, quasi-public, or regulatory agency, are required by Lake Havasu City to obtain and maintain that state approval, license, or permit at all times. Failure to do so constitutes a violation of this Code.
TABLE 3-1 LAKE HAVASU CITY PERMITTED USE TABLE | |||||||||||||||||||||||||
P = Permitted Use C = Conditional Use A = Accessory Use T = Temporary Use
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Residential Use
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Mixed Use
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Special Purpose
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Proposed Zoning District
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R-A | R-E | R-1 | R-2 | R-3 | R-M | R-MH | R-UMS | R-CHD | R-SGD | C-CHD | MU-N | MU-G | MU-UMS | MU-CRW | C-SGD | C-1 | C-2 | LI | I | I-B | A-P (1) | P-1 | GC | Use-Specific Standards |
Land Use Category | |||||||||||||||||||||||||
RESIDENTIAL USES
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TABLE 3-1 LAKE HAVASU CITY PERMITTED USE TABLE | |||||||||||||||||||||||||
P = Permitted Use C = Conditional Use A = Accessory Use T = Temporary Use
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Residential Use
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Mixed Use
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Special Purpose
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Proposed Zoning District
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R-A | R-E | R-1 | R-2 | R-3 | R-M | R-MH | R-UMS | R-CHD | R-SGD | C-CHD | MU-N | MU-G | MU-UMS | MU-CRW | C-SGD | C-1 | C-2 | LI | I | I-B | A-P (1) | P-1 | GC | Use-Specific Standards |
Land Use Category | |||||||||||||||||||||||||
RESIDENTIAL USES
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Household Living | |||||||||||||||||||||||||
Dwelling, single-family detached | P | P | P | P | P | P | P | P | P | P | P | A | A | 14.03.03A.1, 14.03.03G.4.g. | |||||||||||
Dwelling, single-family attached | P | P | P | P | P | P | P | 14.03.03A.2. | |||||||||||||||||
Dwelling, 2-family | P | P | P | P | P | P | P | ||||||||||||||||||
Dwelling, co-housing | P | P | P | P | P | P | P | P | P | 14.03.03A.3. | |||||||||||||||
Dwelling, live/work | P | P | P | P | P | P | P | 14.03.03A.4. | |||||||||||||||||
Dwelling, multi-family | P | P | P | P | P | P | P | P | P | P | P | 14.03.03A.5. | |||||||||||||
Dwelling, vacation rental | A/P | A/P | A/P | A/P | A/P | A/P | A/P | A/P | A/P | A/P | A/P | A/P | A/P | A/P | 14.03.03A.6. | ||||||||||
Manufactured home outside of a manufactured housing park | P | ||||||||||||||||||||||||
Manufactured housing park | P | 14.03.03A.7. | |||||||||||||||||||||||
Group Living | |||||||||||||||||||||||||
Continuing care retirement community | C | C | C | P | P | P | P | P | P | P | 14.03.03A.8. | ||||||||||||||
Residential care facility | C | C | C | P | P | P | P | P | P | P | C | 14.03.03A.9. | |||||||||||||
PUBLIC AND INSTITUTIONAL USES | |||||||||||||||||||||||||
Community Service | |||||||||||||||||||||||||
Cemetery or mausoleum | P | 14.03.03B.1. | |||||||||||||||||||||||
Clubs, lodges, and private meeting halls | P | C | P | P | P | P | P | P | P | A | |||||||||||||||
College or university | C | C | P | P | 14.03.03B.2. | ||||||||||||||||||||
Community centers | P | A | A | A | A | A | P | P | P | P | P | P | C | P | A | ||||||||||
Day care facility | P | P | P | P | P | A | A | A | A | P | P | P | P | A | P | A | A | P | P | P | P | A | 14.03.03B.3. | ||
Elementary and secondary school | P | P | P | P | P | P | P | P | P | P | P | P | |||||||||||||
Funeral home or mortuary | P | P | P | ||||||||||||||||||||||
Golf course | P | P | P | P | C | C | P | P | 14.03.03B.4. | ||||||||||||||||
Hospital | P | P | P | P | P | P | P | P | 14.03.03B.5. | ||||||||||||||||
Library, museum, or gallery | C | C | C | C | C | C | P | P | P | P | P | P | P | P | P | P | |||||||||
Long-term medical care facility | P | P | P | P | P | P | P | P | P | P | |||||||||||||||
Open space, park, or playground | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | 14.03.03B.6. |
Public safety facility | P | P | P | P | P | P | P | ||||||||||||||||||
Religious facility | C | C | C | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | C | ||||||
Water-related facility | A | P | 14.03.03B.7. | ||||||||||||||||||||||
Utilities & Communications | |||||||||||||||||||||||||
Public utility facility, major | P | P | P | P | P | ||||||||||||||||||||
Public utility facility, minor | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | 14.03.03B.8. |
Telecommunications facility | C | A | A | A | A | A | A | A | A | A | C | A | C | C | C | C | C | C | A | 14.03.03B.9. | |||||
COMMERCIAL USES | |||||||||||||||||||||||||
Agriculture and Animal Related | |||||||||||||||||||||||||
Agriculture | P | P | 14.03.03C.1. | ||||||||||||||||||||||
Animal boarding | C | C | C | C | C | C | P | P | C | 14.03.03C.2. | |||||||||||||||
Animal grooming and care | P | P | P | P | P | P | P | P | |||||||||||||||||
Community gardens | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P | 14.03.03C.3. | |
Plant nursery or garden supply | P | C | C | C | P | P | P | P | P | ||||||||||||||||
Veterinary hospital | P | P | P | P | P | P | P | P | 14.03.03C.4. | ||||||||||||||||
Food & Beverage Service | |||||||||||||||||||||||||
Bar or nightclub | P | P | P | A | P | P | P | P | P | A | 14.03.03C.5. | ||||||||||||||
Restaurant | P | P | P | P | P | P | P | P | P | P | P | A | 14.03.03C.6. | ||||||||||||
Lodging | |||||||||||||||||||||||||
Bed and breakfast | A | A | C | P | P | P | P | P | P | C | C | 14.03.03C.7. | |||||||||||||
Hotels, motels, and conference facilities | P | P | P | P | P | P | P | P | P | A | 14.03.03C.8. | ||||||||||||||
Resort | P | P | P | P | A | ||||||||||||||||||||
Office | |||||||||||||||||||||||||
Business, art, or vocational schools | P | C | P | P | C | P | P | P | P | ||||||||||||||||
Offices | P | P | P | P | P | P | P | P | P | P | P | ||||||||||||||
Medical offices and clinics | P | P | P | P | P | P | P | P | |||||||||||||||||
Research and development laboratory | P | P | P | P | P | P | P | P | |||||||||||||||||
Personal Services | |||||||||||||||||||||||||
Personal services | P | P | P | P | P | P | P | P | P | P | A | 14.03.03C.9. | |||||||||||||
Self-storage (mini-storage) | P | P | 14.03.03C.10. | ||||||||||||||||||||||
Recreation and Entertainment | |||||||||||||||||||||||||
Entertainment, adult | C | 14.03.03C.11. | |||||||||||||||||||||||
Indoor recreation or entertainment | P | P | P | P | P | P | P | P | P | P | P | P | A | 114.03.03C.12 | |||||||||||
Motorsports facility | C | C | 14.03.03C.13. | ||||||||||||||||||||||
Outdoor recreation or entertainment | P | P | P | P | P | P | P | P | P | A | |||||||||||||||
Shooting range | C | ||||||||||||||||||||||||
Studio | P | P | P | P | P | P | P | P | P | P | P | ||||||||||||||
Theaters and auditorium | P | P | P | P | P | P | P | C | |||||||||||||||||
Retail | |||||||||||||||||||||||||
Alcohol beverage sales | P | P | P | P | P | P | P | P | P | P | P | P | A | 14.03.03C.14. | |||||||||||
Building material store | P | P | P | P | |||||||||||||||||||||
Gas station (fuel sales) | P | C | P | C | P | P | P | A | 14.03.03C.15. | ||||||||||||||||
General retail, small | P | P | P | P | P | P | P | P | P | P | A | 14.03.03C.16. | |||||||||||||
General retail, large | P | P | P | P | P | P | 14.03.03C.16. | ||||||||||||||||||
Marijuana establishment and marijuana testing facility | P | P | 14.03.03C.17. | ||||||||||||||||||||||
Medical marijuana dispensary or infusion facility | P | P | 14.03.03C.17. | ||||||||||||||||||||||
Retail, adult | P | P | P | P | P | 14.03.03C.11. | |||||||||||||||||||
Retail, big box | P | P | P | P | P | ||||||||||||||||||||
Vehicles & Equipment | |||||||||||||||||||||||||
Airport and support services | P | ||||||||||||||||||||||||
Car wash | P | C | C | P | P | P | |||||||||||||||||||
Heavy vehicle and equipment sales, rental, or service | C | P | P | ||||||||||||||||||||||
Light vehicle sales or rental | C | P | P | P | P | ||||||||||||||||||||
Light vehicle service or repair | P | P | P | P | |||||||||||||||||||||
Light watercraft sales, rental, or service | C | C | P | P | P | P | C | ||||||||||||||||||
Marina | C | C | P | P | |||||||||||||||||||||
Marine equipment sales, rental, service, and storage | P | P | P | P | |||||||||||||||||||||
Parking facility | A | A | P | P | P | P | A | P | P | P | P | P | |||||||||||||
Recreational vehicle park | C | C | C | C | 14.03.03C.19. | ||||||||||||||||||||
Vehicle and freight terminals | P | P | |||||||||||||||||||||||
INDUSTRIAL USES | |||||||||||||||||||||||||
Commercial Services | |||||||||||||||||||||||||
Outdoor storage | A | C | P | P | A | A | 114.03.03D.1. | ||||||||||||||||||
Warehouse and wholesale distribution | P | P | P | ||||||||||||||||||||||
Manufacturing & Processing | |||||||||||||||||||||||||
Heavy industry | P | ||||||||||||||||||||||||
Light industry | P | P | |||||||||||||||||||||||
Medical marijuana cultivation facility | C | C | C | P | 14.03.03C.17. | ||||||||||||||||||||
Storage or use of hazardous materials | C | ||||||||||||||||||||||||
Waste & Salvage | |||||||||||||||||||||||||
Recycling, large collection or light processing facility | P | P | |||||||||||||||||||||||
Recycling, small collection facility | A | A | A | A | A | A | A | A | A | A | C | A | P | P | P | A | A | A | |||||||
ACCESSORY USES | |||||||||||||||||||||||||
Accessory automated teller machine (ATM) | A | A | A | A | A | A | A | A | A | A | A | A | A | A | |||||||||||
Accessory caretaker’s quarters | A | A | A | A | A | A | A | A | A | A | A | A | A | A | |||||||||||
Accessory drive-in or drive-through | A | A | A | A | A | A | A | A | |||||||||||||||||
Accessory dwelling unit | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | 14.03.03E.1. | |||||||||
Accessory heliport | A | ||||||||||||||||||||||||
Accessory home occupation | A | A | A | A | A | A | A | A | A | A | A | A | A | A | 14.03.03E.2. | ||||||||||
Accessory navigational use | A | 14.03.03E.3. | |||||||||||||||||||||||
Accessory outdoor dining | A | A | A | A | A | A | A | A | A | A | A | 14.03.03E.4. | |||||||||||||
Accessory outdoor retail sales | A | A | A | A | A | A | A | A | A | A | 14.03.03E.5. | ||||||||||||||
Accessory residential care home | A | A | A | A | A | A | A | A | A | A | A | A | A | A | 14.03.03E.6. | ||||||||||
Accessory residential recreation facility | A | A | A | A | A | A | A | A | A | ||||||||||||||||
Accessory structure, not for occupancy | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | 14.03.03E.7. |
Accessory swimming pools | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | 14.03.03E.8 |
Accessory swimming pools | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | 14.03.03E.8 |
Accessory water related use | A | A | A | ||||||||||||||||||||||
Accessory use, other customary | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | A | |
Backyard fowl
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A
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A
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A(2)
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A(2)
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A(2)
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A(2)
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A(2)
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A(2)
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A
| 14.03.03.E.9 | |||||||||||||||
TEMPORARY USES | |||||||||||||||||||||||||
Temporary construction office of yard | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | 14.03.03F.1. |
Temporary event or sales | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | 14.03.03F.2. |
Temporary real estate sales office | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | 14.03.03F.3. |
Temporary use, other customary | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | T | 14.03.03F.4. |
(1) In the A-P District, land uses are permitted as indicated, provided the applicant obtains any required federal, state, or county permits for the activity. (2) Backyard fowl are allowed as accessory uses in these districts for single-family, detached dwelling residents existing as of September 13, 2024, only. | |||||||||||||||||||||||||
(Ord. 24-1341, passed 8-13-2024; Ord. 24-1333, passed 5-14-2024; Ord. 22-1285, passed 4-12-2022; Ord. 21-1274, passed 11-23-2021; Ord. 20-1247, passed 12-8-2020; Ord. 20-1229, passed 1-28-2020; Ord. 18-1203, passed 8-14-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1162, passed 9-13-2016; Ord. 16-1160, passed 9-13-2016; Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016)
A. Residential uses.
1. Dwelling, single-family detached.
a. In the I-B and A-P districts, this use may only be an accessory use to principal agricultural and open space uses.
b. A single-family dwelling serving six or more persons protected under the federal Fair Housing Act (as amended and interpreted by the courts) or the laws of the State of Arizona shall not be located within a 1,200 foot radius of another single-family dwelling unit serving the same purpose in any residential dwelling district.
2. Dwelling, single-family attached. Each attached dwelling must be located on a separate legal lot.
3. Dwelling, co-housing.
a. Co-housing projects must be organized as condominium developments meeting all requirements of state law, or as developments on a single parcel of land on which individual structures are rented or leased from the land owner, and individual lots or portions of the project may not be subdivided for sale.
b. The maximum size of each dwelling unit is 1,000 square feet of gross floor area.
c. Zoning district lot requirements and setback requirements shall apply to the project site as a whole, but not to individual co-housing dwelling sites.
d. Each project site shall maintain a vegetated buffer at least 10 feet wide, meeting the requirements of § 14.04.04 along each side and rear lot line, and no portion of any primary or accessory structure may be located in that buffer area.
e. Each applicant shall submit a site plan identifying individual co-housing dwelling sites, streets, parking areas, storm drainage facilities, common areas and facilities, and any other features required to be identified by Arizona condominium law. The site plan shall be subject to approval by the Commission prior to development, and shall be binding upon all development once approved.
4. Dwelling, live/work.
a. Not more than 3 people may be engaged in the making, servicing or selling of goods, or provision of personal and professional services, within a single unit.
b. At least 1 person shall reside in the dwelling unit where the nonresidential activity or activities occur.
c. The residential unit must be located above or behind the non-residential areas of the structure.
5. Dwelling, multi-family.
a. In MU-N, MU-G, MU-UMS and MU-CRW Districts, at least 25% of the gross floor area in the structure must be occupied by non-residential uses; and dwelling units shall not be located on the ground floor.
b. In the C-CHD District, this use is limited to housing for medical staff and students.
6. Dwelling, vacation rental.
a. The operator of this use must have a valid local business license.
7. Manufactured housing park. This land use must comply with § 14.02.03G.
8. Continuing care retirement communities (CCRC). This use shall be subject to the following standards:
a. A CCRC shall be planned and constructed as a unified development.
b. Uses located within a CCRC shall be owned and operated by a single, properly licensed entity or provided under a direct contract with the owner.
c. A 25-foot landscaped perimeter setback shall be provided along the side and rear lot lines of a CCRC. Landscaping shall meet the requirements of § 14.04.04.
9. Residential care facilities.
a. No residential care facility shall be located within a 1,200 foot radius of another residential care facility.
b. Residential care facilities for children shall provide a 5-foot high fence around outdoor play areas.
c. The exterior appearance of this facility and property shall be similar to the size, scale, and exterior finish materials and façade articulation levels commonly used in the neighborhood in which it is located.
d. Residential care facilities shall comply with all state licensing and certification requirements.
B. Public and institutional uses.
1. Cemetery or mausoleum. This use is not permitted in the I-B Zone District unless established before the effective date of this Code.
2. College or university. In the C-CHD District, a medical college or university is permitted without a conditional use permit.
3. Day care facility.
a. Facilities for more than 10 persons require a conditional use permit.
b. Day care facilities for children shall accommodate no less than 5 children but no more than 10 children through the age of 12 years and shall provide a fence at least 5 feet in height around outdoor play areas.
c. Day care facilities shall comply with all state licensing and certification requirements.
4. Golf course. This land use is subject to the following barrier standards for the purpose of protecting residential homes adjacent to a golf course from the adverse visual impacts that a poorly designed golf course protective barrier may have on surrounding land uses.
a. Location. A protective barrier shall only be located on lots immediately adjacent to a golf course.
b. Setbacks. No setbacks required. Protective barriers may be located on the property line, but shall not encroach onto adjoining properties.
c. Design standards.
i. Wooden poles, natural vegetation, or steel poles are allowed.
ii. Poles shall be spaced a minimum of 15 feet apart, except as required by an engineer’s report.
iii. Steel poles shall be painted to harmonize with the color of the netting.
iv. Netting shall be 1-inch poly twine rope.
v. Cabling and hardware shall be color coordinated to the netting.
vi. Guy wires shall not be located outside of the fence line.
d. Design review. A protective barrier that is not more than 30 feet in height shall not require design review approval in compliance with § 14.05.04H.
e. Building permits. A building permit shall be required for any protective barrier if required by the adopted Building Code.
5. Hospital. In the C-CHD District this use shall be 100 feet in height (maximum).
6. Open space, park, or playground. In the MU-CRW, I-B, and A-P Districts, open space corridors shall be maintained to the greatest extent practicable to provide safe and convenient public access along the lake and from city rights-of-way to the lake.
7. Water-related facilities.
a. In the MU-CRW and I-B Districts, water-related facilities shall be:
i. Set back 50 feet from the vertical face of London Bridge, and 35 feet from projecting bridge supports.
ii. Constructed from all-weather durable materials and maintained in a safe condition.
iii. Attached to pilings in compliance with the adopted Building Code, as necessary.
iv. Be similar in appearance, including materials and façade articulation, with the color and design of surrounding structures, to the greatest extent practicable.
b. On the Island, this use must be accessory to a permitted or approved conditional use.
8. Public utility facilities, minor.
a. Underground requirement. Minor utilities that provide direct service to a property shall be installed underground. The developer or owner shall be responsible for complying with this requirement and making the necessary arrangements with the utility companies for installation of necessary facilities, unless the Commission or Council waives this requirement when approving a development project.
b. Residential exemption. This requirement does not apply to residential structures constructed within the A-P, R-A, R-E, R-1, R-2, or RMH Zoning Districts.
c. Aboveground exceptions. For the purposes of this section, appurtenances and associated equipment may be placed aboveground. These appurtenances shall not be placed in required front or side yard setbacks and shall be adequately screened to prevent visibility from the street.
9. Telecommunications facilities.
a. Purpose. It is the intent of these standards to regulate the placement, construction, and modification of towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while not unreasonably interfering with the development of the competitive wireless communications marketplace in the city and to comply with federal and state legislation regarding telecommunications facilities. This is done by:
i. Protecting residential areas and land uses from potential adverse impact of the facilities and towers;
ii. Minimizing adverse visual impacts of towers through careful design, siting, landscaping, and innovative camouflaging techniques;
iii. Promoting and encouraging shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
iv. Promoting and encouraging the use of technology that either eliminates or reduces the need for new tower structures;
v. Avoiding potential property damage from a tower by ensuring that tower structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or found to be structurally unsound;
vi. Ensuring that towers are compatible with surrounding land uses; and
vii. Complying with the federal Telecommunications Act of 1996, and related regulations promulgated by the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA), as amended and interpreted by the federal courts.
b. Permitting required.
i. Existing telecommunications facilities.
(A) Requests for collocation, removal, or replacement, or eligible facilities requests, as defined in this Code and under federal law, for a modification of an existing wireless telecommunications facility that does not substantially change the physical dimension of the facility shall be granted.
(B) An applicant shall file an eligible facilities request with the Community Development Department demonstrating that the proposed modification will not substantially change the physical dimensions of the facility, as the term “substantial change” is defined in federal laws and regulations.
(C) The Community Development Department shall determine whether the application constitutes an eligible facilities request, and grant the request within 60 days. Applications for collocations that do not qualify as eligible facilities requests shall be granted within 90 days. These review periods include the review for determining whether the application is complete. This timeframe may be extended by mutual agreement or if the city informs the applicant in timely manner that the application is incomplete.
ii. New telecommunications facilities. All new freestanding telecommunication towers shall require the approval of a conditional use permit by the Commission, except telecommunications facilities of 1 meter in diameter or less, in any zoning district, and facilities of 2 meters in diameter or less in commercial and industrial districts, which are permitted by right. The application for a conditional use permit for a freestanding tower shall include the following information:
(A) Technical documentation that a new telecommunications facility is required to provide service and that the collocation of facilities on an existing structure is not technically feasible.
(B) If the proposed facility will exceed the height limit of the underlying zoning district, technical documentation must be provided explaining the reason for the requested height, and that no other alternative is technically feasible.
(C) To eliminate attempts to gain approval of telecommunications facilities based on speculation, applicants for proposed facilities shall provide affidavit of intended lease or use from a cellular provider at the time an application is submitted.
(D) The Commission shall decide a conditional use permit request for a new wireless telecommunications facility 150 days from the time the application is received unless this time period has been mutually extended or tolled because the applicant was informed, within 30 days of submitting the application, that it is incomplete.
(E) Failure to demonstrate that the criteria in divisions B.9.b.ii.(A) and B.9.b.ii.(B) above are true shall be considered grounds for disapproval of a conditional use permit application.
c. Development standards.
i. General.
(A) Telecommunications facilities are subject to any applicable Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) standards.
(B) Telecommunications facilities shall meet the dimensional criteria of the underlying zoning district unless varied by the terms of a conditional use permit. For purposes of determining whether the installation of an antenna or tower complies with zoning district standards (e.g., lot coverage requirements, setback requirements, and other requirements) the dimensions of the entire parcel shall control even though the antenna or tower may be located on leased parcels within existing lots.
(C) Antennae and towers may be considered either primary or accessory uses, but shall only be considered a primary use within residential zoning districts on property of 2.5 acres or greater.
(D) An existing primary use or an existing communications structure on the same parcel shall not preclude the installation of a new communications structure on the same parcel.
(E) Antennae that are installed and towers that are constructed in compliance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
ii. Setbacks. The proposed tower shall be set back at least the height of the tower from any property line, except when located in the public right-of-way or in a building architectural feature such as an enclosed tower, steeple, or clock tower. The distance shall be measured from the center of the tower’s base to the nearest property line.
iii. Fall zone. All applications shall include engineer-certified fall zone calculations.
iv. Safety certification. If the proposed antenna will be added to an existing structure, the applicant shall provide an engineer’s report that the existing structure is structurally sound and is capable of supporting the additional antenna.
v. Security screening. Telecommunications facilities shall be screened from unauthorized access in accordance with the following:
(A) Installation of a solid view-obscuring, decorative, and gated masonry security screen or wall, not less than 6 feet in height, constructed of similar material and/or finish to the primary structures on the site or adjacent properties, and with a sight-obscuring gate that shall not be constructed of chain link.
(B) In residential areas, the area around the tower shall be landscaped with a buffer of plant materials that effectively screens the view of the tower base from residential properties. The standard buffer shall consist of a landscaped strip of at least 5 feet wide outside the perimeter of the fence, in accordance with § 14.04.04.
d. Abandonment and removal.
i. A tower or antenna that is not operated for a continuous period of 90 days shall be considered abandoned and the owner of the antenna or tower shall remove same within 120 days of receipt of a notice of abandonment from the city.
ii. If the antenna or tower is not removed within 120 days, the city may remove the antenna or tower at the owner’s expense.
iii. If there are 2 or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
C. Commercial uses.
1. Agriculture.
a. In the R-A District, the keeping of horses is allowed on lots having an area of 1 acre or more, provided that the number of horses on any one lot or parcel shall not exceed 1 horse for every 1/4 acre.
b. Horses shall not be housed or continuously kept in a structure within 50 feet of any dwelling or other building used for human habitation, or within 50 feet of the front lot line of the lot upon which it is located.
2. Animal care and boarding.
a. Conditional use permit. If a conditional use permit is required:
i. Applicants shall state the maximum number, sizes, and types of animals to be accommodated in their conditional use permit request.
ii. Animal limits shall be assessed during the conditional use permit process based on the property size, location, and facility design.
iii. Proposed mitigation strategies can be attached to the conditional use permit application.
b. Design.
i. All activities shall be completely contained within an enclosed building, except in the LI, I, and A-P districts, where outdoor kennels, runs, and exercise areas are permitted.
ii. Kennels shall be constructed to prevent direct access by animals to the outside areas of the buildings.
iii. Buildings shall be designed and constructed to mitigate noise and odors to limit negative impacts on adjacent properties. Additional noise mitigation will be required for existing buildings not originally built for boarding of animals.
c. Operation.
i. The keeping and treatment of animals shall be in compliance with state law (A.R.S. § 13-2910).
ii. Transfer of animals shall occur during regular business hours, unless for reasons of a medical emergency, except for the Humane Society and/or other non-profit animal rescue facilities/shelters.
iii. Animal breeding is prohibited, except as described in division C.2.d. below.
iv. Animals must be accompanied by a facility employee at all times when outside of the building.
v. All walking and exercising of animals must take place on facility grounds, except for the Humane Society and/or other non-profit animal rescue facilities/shelters.
vi. Solid waste shall be removed from the outdoor areas during periods when these areas are in use. Solid waste must be stored within secure and odor-free solid waste receptacle.
d. In the LI, I and A-P Districts.
i. Outdoor runs and/or exercise areas must maintain a minimum setback of at least 10 feet from any lot line.
ii. A 6-foot solid masonry wall is required to enclose all outdoor activity areas.
iii. The breeding of domesticated animals may be allowed by a conditional use permit.
e. In the R-A District. The keeping or boarding of horses is allowed in accordance with the divisions C.1.a. and C.1.b. above.
3. Community gardens.
a. This use shall be limited to the propagation and cultivation of plants.
b. Accessory structures such as hoop houses and storage sheds are permitted, but no such structure shall be more than 8 feet in height or located closer than 10 feet to a property line, and the total area covered by structures shall not exceed 20% of the site area.
4. Veterinary hospital. This use is subject to the animal care and boarding standards in division C.1. above if the veterinary hospital offers animal boarding services.
5. Bar or nightclub.
a. All required state permits and licenses must be obtained and maintained to serve alcohol.
b. A nightclub is not permitted in the GC District.
6. Restaurants.
a. In the I-B District, this use is only permitted as an accessory use to a permitted or approved conditional use.
b. Accessory drive-in/drive-through facilities are only permitted as shown in the Accessory Use portion of Table 3-1.
c. All necessary state permits and licenses must be obtained and maintained to serve alcohol.
7. Bed and breakfast. This use is subject to the following standards:
a. No more than 6 habitable units, including any unit occupied by the owner or operator shall be allowed;
b. Each guest stay shall be limited to a maximum of 21 consecutive days;
c. The structure shall appear outwardly to be a 1-family dwelling;
d. The use shall have no greater impact on surrounding public areas or infrastructure or natural resources than a fully occupied private home with house guests;
e. Food service shall only be provided to residents and overnight guests;
f. Signage shall be limited to 1 sign not exceeding 8 square feet in size and 4 feet in height.
8. Hotels, motels, and conference facilities.
a. In the C-CHD District and in the Island area of the I-B District, conference facilities are only permitted as accessory use to a permitted or approved conditional use.
b. Parking for the facility shall not be provided in a parking-in-common area.
9. Personal services. In the I-B District, this use is limited to the Island.
10. Self-storage (mini-storage).
a. All storage shall be kept within an enclosed building, except recreation or other oversized vehicles, which shall be stored only in exterior areas screened from view from any street frontage.
b. The storage of hazardous materials is prohibited.
c. Where the site is adjacent to residentially-zoned land:
i. Loading docks are prohibited on the side of the facility facing the residentially zoned land;
ii. A permanent screen shall be required and shall conform to landscaping and screening requirements in § 14.04.04;
iii. Public access shall only be permitted between 6:00 a.m. and 10:00 p.m.
11. Adult entertainment & retail.
a. Purpose. These standards are not intended to interfere with legitimate self-expression, but to avoid and mitigate the secondary effects found to be associated with these adult business uses, including drug use and dealing, health risks, and infiltration by organized crime, that are detrimental to the public health, safety, and welfare.
b. Location.
i. An adult business shall not locate within 500 feet of any of the following uses:
(A) A religious facility;
(B) A public or private elementary or secondary school;
(C) A public or private day care center, preschool, nursery, kindergarten, or similar child care facility;
(D) The boundary of a residential zoning district or residential use;
(E) A public park, playground, or recreational facility; or
(F) An establishment having an Arizona spirituous liquor license.
ii. The measurement for division C.11.b.i. above shall be made using a straight line, without regard to intervening structures or objects, from the nearest portion on the property line of a parcel containing an adult business, to the nearest point on the property line of a parcel of one of the indicated uses.
iii. An adult business shall not locate within 1,000 feet of any other adult business. The measurement shall made using a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
iv. No more than 1 adult business shall be located in any structure or portion of a structure.
c. Operation. An adult business shall be closed during the following days and times, in accordance with state law:
i. Monday through Saturday from 1:00 a.m. to 8:00 a.m.; and
ii. Sunday from 1:00 a.m. to 12:00 p.m.
d. Enforcement. A person who violates a provision of this section or who establishes an adult business without required approval shall be in violation of this Development Code.
12. (Reserved)
13. Motorsports facility. The minimum lot size for this use is 10 acres.
14. Alcohol beverage sales. This use shall be permitted in retail establishments in compliance with Arizona spirituous liquor license requirements.
15. Convenience store (with fuel sales). In the I-B District, this use is limited to the Island.
16. General retail.
a. In the MU-CRW and I-B Districts, general retail does not include furniture, home furnishings, and equipment establishments; hardware stores; or pet supply stores.
b. In C-1, MU-G, and MU-UMS Districts, hardware stores with outdoor storage are not permitted.
17. Marijuana business.
a. Medical marijuana business.
i. Purpose. The purpose of this subsection C.17.a is to facilitate the implementation of the Arizona Medical Marijuana Act (A.R.S. §§ 36-2801 et seq., as amended and interpreted by state courts) and to promote and protect the public health, safety, and welfare of Lake Havasu City residents by regulating the location and operation of medical marijuana facilities, as permitted under the Act. This is done by:
(A) Providing for the safe sale and distribution of marijuana to patients or designated care givers who qualify to obtain, possess, and/or use marijuana for medical purposes under the Arizona Medical Marijuana Act.
(B) Protecting public health and safety through reasonable limitations on medical marijuana business operations.
ii. Location.
(A) Medical marijuana businesses, marijuana establishments, and marijuana testing facilities may be located at the same location or at separate locations as allowed by this Code.
(B) No person shall operate or cause to be operated a medical marijuana business within 500 feet of any of the following:
(1) A religious facility;
(2) The boundary of a residential zoning district or residential use;
(3) A public park, playground, or recreational facility;
(4) An establishment having an Arizona spirituous liquor license.
(C) No person shall operate or cause to be operated a medical marijuana business within 1,000 feet of a school or day care center.
(D) The measurements above shall be made using a straight line, without regard for intervening structures or objects, from the nearest property line of the premises where a medical marijuana business is located to the nearest property line of one of the indicated land uses.
(E) No person shall operate, cause to be operated, or establish a medical marijuana business within 1,000 feet of another medical marijuana business or marijuana establishment or marijuana testing facility (unless within the same business in the same location) regardless of ownership status.
(F) The distance between any medical marijuana businesses or marijuana establishments or marijuana testing facilities shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the premises in which each business is located.
(G) A medical marijuana dispensary, with or without an infusion facility shall be located in an establishment with a store front and windows visible to the public and only 1 entrance. This 1 entrance must be from a public street or parking lot.
iii. Operation.
(A) On-site consumption of marijuana is prohibited.
(B) A notice shall be clearly, conspicuously and legibly posted in the medical marijuana dispensary indicating that ingesting or consuming marijuana in any public area within the city is prohibited and that ingesting or consuming marijuana on the premises is prohibited.
(C) Operating hours shall be limited to between 7:00 a.m. and 10:00 p.m.
(D) A transaction privilege (sales) tax license shall be required.
(E) All medical marijuana businesses shall provide for proper disposal of medical marijuana remnants or by-products and are prohibited from placing those remnants or by-products in exterior refuse containers.
(F) A medical marijuana business must obtain and maintain all necessary state certifications, licenses, and permits and the business owner or operator must sign an affidavit attesting to state licensure prior to development approval.
(G) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any medical marijuana business.
b. Marijuana establishments and marijuana testing facilities.
i. Purpose. The purpose of this subsection C.17.b is to facilitate the implementation of the Smart and Safe Arizona Act (A.R.S. §§ 36-2801 et seq., as amended and interpreted by state courts) and to promote and protect the public health, safety, and welfare of Lake Havasu City residents by regulating the location and operation of marijuana establishments and marijuana testing facilities, as permitted under the Act. This is done by:
(A) Providing for the safe sale and distribution of marijuana under the Smart and Safe Arizona Act.
(B) Protecting public health and safety through reasonable limitations on marijuana establishment and marijuana testing facility operations.
ii. Location.
(A) Marijuana establishments, marijuana testing facilities, and medical marijuana businesses may be located at the same location or at separate locations as allowed by this Code.
(B) No person shall operate or cause to be operated a marijuana establishment or marijuana testing facility within 500 feet of any of the following:
(1) A religious facility;
(2) The boundary of a residential zoning district or residential use;
(3) A public park, playground, or recreational facility;
(4) An establishment having an Arizona spirituous liquor license.
(C) No person shall operate or cause to be operate a marijuana establishment or marijuana testing facility within 1,000 feet of a school or day care center.
(D) The measurements above shall be made using a straight line, without regard for intervening structures or objects, from the nearest property line of the premises where a marijuana establishment or marijuana testing facility is located to the nearest property line of one of the indicated land uses.
(E) No person shall operate, cause to be operated, or establish a marijuana establishment or marijuana testing facility within 1,000 feet of another marijuana establishment, marijuana testing facility, or medical marijuana business (unless within the same business in the same location) regardless of ownership status.
(F) The distance between any marijuana establishments, marijuana testing facilities, or medical marijuana businesses shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the premises in which each business is located.
(G) A marijuana establishment shall be located in an establishment with a store front and windows visible to the public and only one entrance. This one entrance must be from a public street or parking lot.
iii. Operation.
(A) On-site consumption of marijuana is prohibited.
(B) A notice shall be clearly, conspicuously and legibly posted in the marijuana establishment or marijuana testing facility indicating that ingesting or consuming marijuana in any public area within the city is prohibited and that ingesting or consuming marijuana on the premises is prohibited.
(C) Operating hours shall be limited to between 7:00 a.m. and 10:00 p.m.
(D) A transaction privilege (sales) tax license shall be required.
(E) All marijuana establishments and marijuana testing facilities shall provide for proper disposal of marijuana remnants or by-products and are prohibited from placing those remnants or by-products in exterior refuse containers.
(F) A marijuana establishment or marijuana testing facility must obtain and maintain all necessary state certifications, licenses, and permits and the business owner or operator must sign an affidavit attesting to state licensure prior to development approval.
(G) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any medical marijuana business.
18. (Reserved.)
19. Recreational vehicle park.
a. Space requirements.
i. Recreational vehicle spaces shall have a minimum width of 20 feet. Two manufactured home spaces each having an area of not less than 3,000 square feet and a width of not less than 40 feet may be allowed for use by park management.
b. Setbacks and distances.
i. The setbacks and separation distances for manufactured home units and recreational vehicles within recreational vehicle parks shall be in compliance with Table 3-2, below.
TABLE 3-2 RV PARK SETBACKS AND SEPARATION DISTANCES | ||
Type | Minimum Distance for | |
Manufactured Homes | Recreational Vehicles |
TABLE 3-2 RV PARK SETBACKS AND SEPARATION DISTANCES | ||
Type | Minimum Distance for | |
Manufactured Homes | Recreational Vehicles | |
Setback from property line abutting public right-of-way | 20 ft. | 20 ft. |
Setback from other property line | 10 ft. | 10 ft. |
Setback from edge of interior driveway | 8 ft. | 4 ft. |
Setback from manufactured home space not on interior driveway | 5 ft. | 5 ft. |
Setback from manufactured home space on 2 or more interior driveways | 20 ft. on home entry side; 5 ft. on other side | 20 ft. on RV entry side; 3 ft. on other side |
Distance from wall/fence when adjacent to residential zoning district | 20 ft. | 20 ft. |
Distance between manufactured homes or recreational vehicles | 15 ft. | |
Distance between manufactured home or recreational vehicle and a building within the park | 10 ft. | |
ii. Minimum setback distances shall be measured from the sidewall of the manufactured home unit or recreational vehicle, or from the cabana, carport, patio cover, ramada, or similar appurtenance.
iii. Except as noted in division C.17.a.ii. above, the location of manufactured home units on recreational vehicle spaces is prohibited.
iv. Manufactured homes shall be located a minimum of 20 feet from a property line abutting a public street or highway, 100 feet from a centerline of a state highway, and 10 feet from other property lines.
v. Accessory structures shall be placed only in the rear yard. They shall be a minimum of 3 feet from another manufactured home unit or other structure on the same space and a minimum of 5 feet from the rear of the space line.
c. Site access and circulation.
i. Recreational vehicle parks shall abut and have access from a public street with a minimum of 70 feet of right-of-way.
ii. The minimum dimension of interior private streets within a recreational vehicle park shall be in compliance with Table 3-3.
TABLE 3-3 MINIMUM WIDTH OF RV PARK INTERIOR PRIVATE STREETS | ||
Type of Parking | One-way Streets | Two-way Streets |
No side parking | 15 ft. | 20 ft. |
Parking on 1 side | 22 ft. | 27 ft. |
Parking on both sides | Not allowed | 34 ft. |
iii. Adequate space for turnarounds shall be provided within the park property.
iv. Private accessways and individual spaces shall be sited and designed to accommodate the frequent movement of recreational vehicles.
v. Private accessways, recreational vehicle spaces, and vehicular parking areas shall be paved.
vi. Lighting shall be provided to illuminate interior accessways and walkways.
d. Accessory structures.
i. A community building shall be provided that includes restroom and laundry facilities to meet the service needs of occupants of the park.
ii. Accessory structures shall not exceed 15 feet.
e. Recreational areas. A recreational area containing at least 4% of the gross site area shall be provided, and shall not include any areas included in required setback areas or similar areas not usable for recreational activities.
f. Boat storage areas. Boats shall be stored in a designated storage area.
g. Fences and walls. The exterior property lines of the recreational vehicle park shall be bounded by a solid fence or wall with a minimum height of 5 feet and a maximum height of 6 feet.
h. Landscaping. Areas not covered by structures, paved accessways, and approved parking spaces shall be landscaped and maintained in compliance with the approved plans.
i. Utilities. Electricity, sewer, telephone, and water utilities shall be provided on the site.
i. Utilities, wires, and cables shall be located underground.
ii. This use is subject to the requirements of state and county sanitary codes unless those requirements are less restrictive than city requirements.
iii. A means for emptying sewage holding tanks that is approved by the Mohave County Health Department shall be provided.
j. Fire protection. Fire protection facilities shall be provided in compliance with the requirements of the Fire Department and Water Department.
D. Industrial uses.
1. Outdoor storage.
a. For primary and approved conditional uses.
i. Outdoor storage and display areas shall be designated with a perimeter masonry screen wall architecturally compatible with the primary structure.
ii. The perimeter screen wall shall be 6 feet in height and be completely sight obscuring where the outdoor use abuts residential zoning districts.
iii. Materials may be stored to a maximum height of 6 feet.
iv. Fencing materials (e.g., chain link or wrought iron) may not be used, except as follows:
(A) Gates may be sight obscured with chain link or wrought iron with plastic lath or netting and shall be a compatible color to adjacent screen walls.
(B) Chain link or wrought iron sight obscured with plastic lath or netting may be used as screening on LI District or I District zoned property.
b. For accessory uses.
i. Use shall be limited to storage materials or supplies directly related to the primary business use and shall be accessory and subordinate to the primary use on the property.
ii. The area of the outdoor use shall not exceed the area of the primary structure.
iii. In all districts other than LI and I, the area designated for accessory outdoor storage uses shall be located to the rear or side of the primary structure. No outdoor storage shall be located in front of the structure. The accessory outdoor use shall be screened in compliance with § 14.04.04.
E. Accessory uses.
1. Accessory dwelling units.
a. A maximum of 1 accessory dwelling unit is allowed per parcel.
b. The use shall not alter the character of the premises as a single-family residence.
c. The use shall be a minimum of 400 square feet in area and a maximum of 1,000 square feet in area or 50% of the living area of the primary structure, whichever is less.
d. No accessory structure shall be located within 5 feet of a side or rear property line or into or onto a public utility easement.
e. Detached structures may not occupy more than 50% of the required rear yard and may not exceed 15 feet in height. The minimum separation from the closest structural projection of the primary structure shall be 3 feet or the minimum required by the adopted Building Code, whichever is greater.
f. The use shall comply with all applicable Building and Fire Code requirements.
g. The use may be serviced with separate utility meters for electric, gas, sewer, telephone and water. The second electrical and gas meter shall be identified by the placement of metal plaques with a letter designation of 1/2-inch in height on each meter clearly identifying the total number of service meters.
h. Structures for detached accessory living quarters shall be architecturally compatible with the primary structure through the use of similar architectural features, building materials, and colors.
2. Accessory home occupations.
a. Purpose and intent. These standards are intended to provide peace, quiet, and domestic tranquility within all residential neighborhoods within the city, and to guarantee to all residents freedom from excessive noise, excessive traffic, fire hazard, nuisance, and other possible effects of commercial uses being conducted in residential areas.
b. Secondary to principal use. The carrying on of any business within the home shall be clearly incidental and secondary to the principal use of the residence and requires a zoning clearance.
c. Area of home occupation. The business or occupation shall be carried on wholly within the principal structure and garage and shall not occupy more than 25% of the total combined floor area of the principal structure and garage.
d. Employee. No employees or assistants shall be engaged for services on the premises other than the immediate members of the family, except as may otherwise be authorized by this division E.2.
e. Sale of goods and services from premises.
i. No commodities shall be displayed for sale or rent to the public on the premises, except for garage sales as provided in § 14.05.04F.2.d.
ii. Customer or client contact at the business premises shall be limited to not more than 1 business caller or visitor at a time and not more than 1 visitor per hour. All customer or client contact shall be restricted to the hours of 7:00 a.m. through 7:00 p.m.
iii. Commercial deliveries or outside services are restricted to those normal and incidental to the residential uses in the subject zoning district.
iv. No home occupation that serves as a headquarters or dispatch center, where employees come to the site to be dispatched to other locations, is allowed.
v. On-street parking connected with the home occupation shall not be allowed.
f. Boarding of horses within the R-A Zoning District. Horses may be boarded within the R-A District provided the size of the property and the total number of horses on the property, whether privately owned or boarded, does not exceed the allowances provided within division C.2.e. above.
g. Prohibited home occupations. The following uses shall be prohibited as home occupations:
i. Ambulance services;
ii. Automotive, ATV, boat, electronics, or equipment repair, parts sales, detailing, upholstery, or washing;
iii. Beauty salons and barber shops;
iv. Cabinet shop;
v. Commercial fungicide, herbicide, insecticide, or rodenticide applicators;
vi. Large appliance repair;
vii. Medical or dental office;
viii. Pet grooming;
ix. Repair or service at the business license address of mobile operator;
x. Restaurant;
xi. Taxi service with more than 1 vehicle; or
xii. Veterinary uses.
h.. Other uses not expressly allowed or prohibited. All uses not identified as prohibited in division E.2.g. above, shall require a determination of zoning compliance by the Zoning Administrator.
i. The application shall provide the Zoning Administrator with a description of the home occupation in sufficient detail to evaluate compliance with this section. This information would normally be provided in the application for a business license and/or supplemental applications for the home occupation.
ii. The Zoning Administrator shall decide whether the home occupation complies with the provisions of this section.
iii. The decision of the Zoning Administrator in the determination of zoning compliance may be appealed to the Board of Adjustment in compliance with § 14.05.03O.
i. Advertising.
i. No advertisement shall be placed in any media containing the address of the subject property.
ii. No external business signs shall be allowed unless authorized by the sign regulations for residential districts. Window areas shall not intentionally or purposely be used to display or offer merchandise for sale to the exterior of the residence or allowed accessory structure.
j. Hazardous materials. None of the following materials shall be used or stored on the subject premises:
i. Class A, B, or C explosives, with the exception of hobby reloading as defined by the Uniform Fire Code;
ii. Class A or B poisons, no exceptions;
iii. Corrosive/oxidizing chemicals, other than what is normally consumed on the premises for normal use (e.g., drain cleaner, pool chemicals, and the like);
iv. Flammable/combustible liquids over 5 gallons, unless in a licensed vehicle or watercraft;
v. Hazardous materials as defined by the Environmental Protection Agency; or
vi. Pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1979 that are not used around the home for personal consumption.
k. Performance standards.
i. Maintenance of character, peace, and quiet. No use shall be allowed that by reason of color, construction, design, dust, glare, heat, lighting, materials, noises, signs, smoke, sounds, or vibrations alters the residential character of the premises or unreasonably disturbs the peace and quiet of the surrounding residents.
ii. Traffic and parking. The use shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zoning district in which the use is located. The home occupation shall not displace or impede use of parking spaces required for the residential use, and business materials shall not be stored in required covered parking areas.
iii. Service requirements. The use shall not create excessive demand for municipal or utility services or community facilities beyond those actually and customarily provided for residential uses.
iv. Equipment and materials use. No electrical or mechanical equipment or stock material shall be used other than that customarily found in the home, and any electrical, machinery, or stock material used in connection with the home occupation shall not create, emit, or generate excessive electrical interference, dust, fire hazard, glare, heat, noise, odor, smoke, vibration, or any other hazard or nuisance to any greater or more frequent extent than normally experienced in an average residential neighborhood.
l. Enforcement.
i. Inspection. The city inspectors and code enforcement officers shall have the right of reasonable inspection as with any other business within the city for the purpose of protecting the general health, safety, welfare, peace, and enjoyment of the residential neighborhood.
ii. Nonconforming home occupations. Nonconforming uses, legal under this Development Code, shall continue as legal nonconforming uses under the current Code until:
(A) The operator ceases to do business for a period of 60 days or more;
(B) The operator fails to maintain a proper business license for more than 30 days; or
(C) The business is moved to a new location.
3. Accessory navigational uses. Only uses, equipment, or facilities approved by the U.S. Coast Guard and the Lake Havasu City Police Department may be installed.
4. Accessory outdoor dining. Permitted and approved conditional food and beverage service uses are permitted to have outdoor dining areas. The outdoor dining area:
a. Must be located and operated adjacent to and incidental to the operation of the food and beverage service use;
b. May not have any entertainment stages, music/DJ areas, dance areas, or speakers unless a special events permit or a temporary use permit has been obtained from the city.
c. Sidewalks may be used for outdoor seating/dining during regular business hours with the following conditions:
i. All services to support the outdoor dining shall be supplied from within the building and no additional advertising or signage will be allowed within the public right-of-way.
ii. The outdoor seating area shall extend no wider than the building frontage of the business with which it is associated.
iii. The outdoor seating shall not obstruct pedestrian traffic on public sidewalks or private walkways or create public health and safety hazards. A minimum clear distance of 4 feet shall be maintained along any walkway or pedestrian area.
iv. At the close of each business day, all equipment, furniture, and other appurtenances shall be removed entirely from the public right-of-way.
v. No permanent structures may be erected in the public right-of-way.
vi. The approval of the City Engineer, based on considerations of public safety, shall be required before approval of this use.
vii. The operator of an accessory outdoor dining area within the sidewalk right-of-way shall execute an indemnification agreement in favor of the city in a form approved by the City Attorney.
5. Accessory outdoor retail sales.
a. This use shall be subordinate to the primary use on the property.
b. Any area designated for this use shall be located to the rear or side of the primary structure.
c. No outdoor use shall be located within an area designated as parking-in-common.
d. This use shall be screened in compliance with § 14.04.04.
6. Accessory residential care home. Accessory residential care homes may have 1 non-resident employee for each shift or the number of employees mandated by county, state, or federal law, in addition to the resident care giver; provided, the accessory residential care home complies with the following criteria:
a. It has and maintains a current license as required by the county, state, or federal government;
b. It conforms to all applicable Building and Fire Codes and Development Code requirements as determined in conjunction with the business license and home occupation compliance review procedure;
c. The care provider is a resident of the facility;
d. The maximum number of unrelated residents in any accessory residential care home is limited to 6 persons for each dwelling unit. This number does not include the operator or employees of the facility, but the total number of people living at the home cannot exceed 8.
e. It complies with all other use-specific standards applicable to accessory home occupations in division E.2 . above.
7. Accessory structure, not for occupancy.
a. Accessory structures may not occupy more than 50% of the required rear yard and may not exceed 15 feet in height. The minimum separation from the closest structural projection of the primary structure shall be 3 feet or the minimum required by the adopted Building Code, whichever is greater.
b. No accessory structure shall be located within 5 feet of a side or rear property line or into or onto a public utility easement.
c. Accessory structures and structures not to be used for living purposes may be serviced with separate utility meters for electric, gas, sewer, telephone, and water. Second electrical and gas meters shall be identified by the placement of a metal plaque with letters a minimum of 1/2 inch in height on each meter clearly identifying the total number of service meters.
d. These structures shall be architecturally compatible with the primary structure through the use of similar architectural features, building materials, and colors.
8. Accessory pools and spas. A swimming pool, spa, or other contained body of water, whether belowground, aboveground, permanent, or portable, that is 18 inches or more in depth at any point and is intended for human use, shall be protected as provided for in this section.
a. Exemptions. The following shall be exempt from this section:
i. A system of sumps, irrigation canals, irrigation, flood control, or drainage works constructed or operated for the purpose of conveying, delivering, distributing, or storing water;
ii. Livestock operations, livestock watering troughs, stock ponds, storage tanks, or other structures used in normal agricultural practices;
iii. Public or semi-public swimming pools.
b. Enclosure.
i. Swimming pools, spas, or other contained bodies of water shall be entirely enclosed by at least a 5-foot high permanent fence, wall, wire fencing at least 11.5 gauge, or other barrier.
ii. Enclosure height shall be measured on the exterior side of the wall, fence, or barrier.
iii. Enclosures shall have no openings through which a spherical object 4 inches in diameter can pass.
iv. The horizontal components of the enclosure shall be spaced not less than 45 inches apart, measured vertically or shall be placed on the pool side of the enclosure as long as the enclosure does not provide any opening greater than 1.75 inches measured horizontally.
v. Wire mesh or chain link enclosures shall be a maximum mesh size of 1.75 inches measured horizontally.
vi. Enclosures shall be placed at least 20 inches from the water’s edge.
vii. Enclosure gates shall be self-closing, self-latching, and open outward from the pool. An unsecured latch shall be located at least 54 inches above grade if on the exterior of the enclosure. If on the pool side of the enclosure, the release mechanism shall be at least 5 inches below the top of the gate and no opening greater than 0.5 inches shall be within 24 inches of the release mechanism or be secured by a padlock or similar device that requires a key, electric opener, or integral combination which may have the latch located at any height.
viii. Above ground spas less than 8 feet wide may substitute an electronically or manually placed cover designed and intended for use with a spa in lieu of an enclosure. This cover shall meet the National Safety Council minimum specifications with a locking mechanism that is secured by a padlock or similar device that requires a key, electric opener, or integral combination.
c. Access from residence or living areas. If a residence or other living structure constitutes a part of the required enclosure, allowing direct access from the residence or living area into the enclosure, 1 of the following methods shall be used to restrict access for safety purposes in lieu of the requirements of subsection b., except as noted:
i. Between the swimming pool, spa, or other contained body of water and the residence or living structure, a wall, fence, or barrier a minimum of 4 feet in height shall be constructed in compliance with subsection b. above.
ii. Pools shall be protected by a motorized safety cover that meets the American Society of Testing and the Materials Emergency Standards 13-89 and that requires the operation of a key switch as the only manual operation necessary.
iii. Spas shall be protected by a manually placed safety cover designed and intended for use with a spa.
iv. Doors with direct access to a swimming pool, spa, or other contained body of water shall be equipped with a self-latching device that meets the requirements of subparagraph b.7. above or shall be equipped with an audible alarm which shall be listed in accordance with United Laboratories Standard 2017. Emergency escape or rescue windows from sleeping rooms with access to a swimming pool, spa, or other contained body of water shall be equipped with a latching device not less than 54 inches above the floor. All other openable windows with similar access shall be equipped with a screwed-in-place wire mesh screen, keyed lock that prevents the window from being opened more than 4 inches, or a latching device not less than 54 inches above the floor.
v. The swimming pool or spa shall be aboveground with non-climbable exterior sides that are a minimum of 4 feet high. Any access ladder or steps shall be removable without tools and be secured in an inaccessible position with a latching device located not less than 54 inches above the ground when the pool is not in use.
The following are graphic examples of when subsection c. applies:
d. Notice of responsibilities. A person on entering into an agreement to build a swimming pool, spa, or other contained body of water, or to sell, rent, or lease a dwelling with a swimming pool, spa, or other contained body of water shall give the buyer, lessee, or renter a notice explaining safety education and responsibilities of pool ownership as approved by the Department of Health Services.
e. Approval of enclosures. Applications for swimming pools, spas, or other contained bodies of water shall include detailed plans of the enclosure to be provided. The enclosures will be considered a part of the installation. A temporary fence or warning ribbon shall be installed around all inground pools, spas, or other contained bodies of water during construction. Pools, spas, or other contained bodies of water shall not be filled with water until the enclosure is in place and approved by the Building Inspector.
f. Violations. A person who violates this section is guilty of criminal violation of this Development Code in compliance with § 14.05.06 “Violation, Enforcement, and Penalties” except that no fine may be imposed if a sufficient showing is made that the person has subsequently equipped the swimming pool, spa, or contained body of water with an enclosure in compliance with this section within 45 days of citation.
9. Backyard fowl.
a. A single-family detached residence may keep up to six fowl in the backyard of the property. Accessory dwelling units (ADUs) to single-family, detached dwellings do not qualify for additional fowl.
b. No male fowl may be kept, including roosters.
c. Fowl must be kept in an enclosure located in the rear or side yard of the property and at least 20 feet from a neighboring property line. The enclosure shall not be more than 200 square feet in area and must have a roof. The height of the enclosure shall not exceed the height of the required perimeter fence line of the property, but in no instance shall the enclosure exceed eight feet. The required perimeter fence shall: have at least 80% opacity; not exceed a height of six feet unless located within the buildable area of the lot then not to exceed eight feet with an approved building permit issued by the city; and adequately screen the fowl enclosure from neighboring properties.
d. Enclosures shall be maintained and manure picked up and disposed of or composted at least twice a week. Composted manure shall be kept in a manner that prevents migration of insects.
e. Any water source shall have adequate overflow drainage.
f. All feed shall be stored in insect and rodent-proof containers.
g. Fowl are prohibited from running at large.
F. Temporary uses.
1. Temporary construction office or yard.
a. The use must be in conjunction with an approved construction project either on the same site, or within 1/4 mile of the site.
b. The use is limited to 1 month before construction begins to 1 month after construction ends, or the expiration of the associated building permit, whichever occurs first, unless this time period is extended for good cause by the Building Department.
2. Temporary event or sales.
a. Within a 12-month period, this use is limited to the following:
i. Four to 10 consecutive days, or
ii. Six 2-day weekends.
b. Outdoor events in parking areas are limited to 4 to 7 consecutive days, in a 90-day period.
c. Seasonal sales activities, including temporary residence/security trailers, on non-residential properties, may occur for no more than 30 days within a 12-month period, for each seasonal product.
d. No more than 25% of the existing parking spaces in a parking lot may be used for a temporary outdoor sale.
e. All parking lot entrances and exits shall remain unobstructed.
f. Any outdoor event proposed within the public right-of-way requires a special event permit.
3. Temporary real estate sales office.
a. General.
i. This use shall not be represented by more than 5 builder and/or sales representatives on a full-time basis. The primary function of these representatives is to promote the siting, contracting, sales, and sales support operations of the home builder’s products and contracting. Licensed real estate sales representatives may perform other real estate activities arising from and incidental to the primary function of selling the builder’s product.
ii. No construction or builder’s contracting equipment shall be stored or kept on the site of the use.
iii. Signs advertising the development are allowed in compliance with § 14.04.08. Anything incidental to the use, including banners, flags, and other signs shall be removed upon the removal of the use.
iv. No other unrelated business activity may be operated from the temporary office.
b. Model home or residential unit.
i. In residential and mixed-use districts, this use may be contained within a model home or a residential unit, subject to the standards proved in this division F.3.
ii. Model residences may be furnished.
iii. Architectural changes to model residences to allow access by the public shall be done using standard residential type building materials (e.g., no commercial store fronts). Any changes should have only minimal visual impacts on the surrounding neighborhood.
4. Temporary use, other. The Community Investment Director has the authority to approve other temporary uses, not listed in the Permitted Use Table (Table 3-1) if the Director determines that the proposed use will not adversely impact the surrounding land uses, and is necessary due to unusual or unique circumstances beyond the control of the applicant.
(Ord. 24-1341, passed 8-13-2024; Ord. 22-1285, passed 4-12-2022; Ord. 20-1247, passed 12-8-2020; Ord. 20-1237, passed 8-11-2020; Ord. 20-1229, passed 1-28-2020; Ord. 18-1203, passed 8-14-2018; Ord. 16-1162, passed 9-13-2016; Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016)
ARTICLE IV: FORM AND DEVELOPMENT CONTROLS
A. General dimensional standards. The following Tables 4.01-1 to 4.01-3 include the dimensional standards for residential, mixed-use, and special purpose zoning districts contained in Article II (Zoning Districts). Exceptions and encroachments to these standards are contained in § 14.04.01B. In case of conflict between the dimensions shown in this section and the dimensions shown for individual zoning districts in Article II, the provisions in this section shall apply. In each table, a blank cell indicates that there is no standard for that dimension or measurement.
1. Residential summary table.
TABLE 4.01-1 DIMENSIONAL STANDARDS FOR RESIDENTIAL DISTRICTS Note: Dimensions may be modified by Neighborhood Protection Standards in § 14.04.06. | ||||||||||
PROPOSED ZONING DISTRICT
| R-A | R-E | R-1 | R-2 | R-3 | R-MH | R-M | R-UMS | R-CHD | R-SGD |
TABLE 4.01-1 DIMENSIONAL STANDARDS FOR RESIDENTIAL DISTRICTS Note: Dimensions may be modified by Neighborhood Protection Standards in § 14.04.06. | ||||||||||
PROPOSED ZONING DISTRICT
| R-A | R-E | R-1 | R-2 | R-3 | R-MH | R-M | R-UMS | R-CHD | R-SGD |
Lots and Density | ||||||||||
Min. area (s.f.) | 1 acre [1] | 15,000 [1] | 10,000 [1] | 12,000 [1] | 7,200 | 7,200 | 7,200 | N/A | N/A | N/A |
Min. width (ft.) | 60 | 60 | 60 | 60 | 60 | 60 | 60 | N/A | N/A | N/A |
Min. depth (ft.) | 120 | 120 | 120 | 120 | 120 | 120 | 120 | N/A | N/A | N/A |
Min. - max. density (dus/acre) | 0-1 | 0-3 | 0-4.5 | 5-7 | 4-16 | 4-10 | 10-20 | 15 min - no max | 15 min - no max | N/A |
Min. area of dwelling unit (sq. ft.) | N/A | N/A | N/A | 900 | 500 | N/A | 400 | N/A | N/A | N/A |
Building Setbacks and Frontage | [8] | [8] | [8] | |||||||
Min. Front Yard (ft.) | ||||||||||
Min. % of front yard setback line that must be occupied by building | N/A | N/A | N/A | N/A | N/A | N/A | N/A | 60% | 60% | 60% |
Min. building setback | 50 | 20 [2][3] | 20 [2] | 20 | 20 | 10 | 15 | 10 [2] | 10 [2] | 10 [2] |
TABLE 4.01-1 DIMENSIONAL STANDARDS FOR RESIDENTIAL DISTRICTS Note: Dimensions may be modified by Neighborhood Protection Standards in § 14.04.06. | ||||||||||
PROPOSED ZONING DISTRICT
| R-A | R-E | R-1 | R-2 | R-3 | R-MH | R-M | R-UMS | R-CHD | R-SGD |
TABLE 4.01-1 DIMENSIONAL STANDARDS FOR RESIDENTIAL DISTRICTS Note: Dimensions may be modified by Neighborhood Protection Standards in § 14.04.06. | ||||||||||
PROPOSED ZONING DISTRICT
| R-A | R-E | R-1 | R-2 | R-3 | R-MH | R-M | R-UMS | R-CHD | R-SGD |
Min. Side Yard (ft.) See also § 14.04.06 (Neighborhood Protection Standards) | ||||||||||
Reverse corner lot | 50 | 20 | 20 | 20 | 20 | N/A | 15 | 0 | 0 | 0 |
Min. Rear Yard (ft.) See also § 14.04.06 (Neighborhood Protection Standards) | ||||||||||
General | 50 [6] | 20 [6] | 20 [6] | 20 [6]
| 20 [6] | 10 [6] | 15 [6] | 10 [6] | 10 [6] | 10 [6] |
Reverse corner lot | 10 | 10 | 5 | 5 | 5 | 5 | 5 | 0 | 0 | 0 |
Max. Building Height (ft.) | ||||||||||
Primary Residential Building | ||||||||||
General | 30 | 30 | 15 | 15 | 15 | 15 | 30 | 42 [9] | 42 [10] | 42 |
Adjacent to single- and two- family uses existing prior to the effective date of this Code | 30 | 42 | 42 | 30 | ||||||
Adjacent to single-family zoning | See also § 14.04.06 (Neighborhood Protection Standards) | 18 | 18 | 18 | 18 | |||||
Accessory Structure | ||||||||||
General | N/A | N/A | N/A | N/A | N/A | N/A | N/A | 18 [7] | 20 [7] | 20 [7] |
Adjacent to single-family zoning | See also § 14.04.06 (Neighborhood Protection Standards) | 15 | 15 [7] | 15 [7] | 15 [7] | |||||
[1] Lot width times depth must equal or exceed minimum lot area. [2] Garages, carports, or any structure used to park vehicles that face a front yard right-of-way must be set back a minimum of 25 feet. On a reverse corner lot, the front yard is defined by the shorter of the two street frontages, but a 25- foot garage setback is required from any “front” or “side” street right-of-way that the lot’s parking structure faces. [3] A lot with an average depth of 100 feet or less may maintain a 20-foot front yard setback for a garage. [4] A lot with an average width of 80 feet or less may have a side yard of 5 feet, or 10 feet if it is a corner lot. [5] If a garage is to be accessed from a corner lot with a street side setback, the minimum setback for the garage shall be 20 feet, regardless of the minimum setback identified in this table. [6] Detached accessory structures may be built within 5 feet of the side and rear property lines. [7] Accessory buildings are limited to garages and must be located in the rear of the primary structure. Garages may not face the street. [8] A property developed with one single-family or one two-family unit may use the R-3 building setback standards.
[9] See Section 14.02.03.H.4 for minimum building story requirements. [10] See Section 14.02.03.I.4 for minimum building story requirements. | ||||||||||
2. Mixed-use summary table.
PROPOSED ZONING DISTRICT | MU-N | MU-G | MU-UMS | MU-CRW |
PROPOSED ZONING DISTRICT | MU-N | MU-G | MU-UMS | MU-CRW |
Lots
| ||||
Min. area (sq. ft.) | 2,000 | 2,000 | N/A | N/A |
Min. - max. density (dus/acre) | N/A | 40 | N/A | N/A |
Max. coverage | 60% | N/A | N/A | N/A |
Building Frontage & Setbacks
| ||||
Front yard/street facing (ft.) | 0 | 0 | 0 min. to 10 max. [1] | See § 14.02.04D.4. |
Min. % of front property line occupied by building | N/A | N/A | ||
Min. side yard (ft.) | 0 | 0 | 0 | |
Min. rear yard (ft.) | 0 | 0 | 0 | |
Building Height (max. ft.)
| ||||
Primary building (ft.) | 25 | 30 | 60 [2] | 60 |
Parking structure (ft.) | N/A | N/A | 48 [3] | 48 |
[1] Buildings along McCulloch shall be built to the property line, but those along Swanson and Mesquite may be built up to 10 ft. from the property line (max.). [2] Heights are limited to 42 feet on sites adjacent to or across the street from R-UMS zone district. [3] Heights are limited to 20 feet on sites adjacent to or across the street from R-UMS zone district. | ||||
3. Special purpose summary table.
PROPOSED ZONING DISTRICT | C-CHD | C-SGD | C-1 | C-2 | LI | I | I-B | A-P | P-1 | GC |
PROPOSED ZONING DISTRICT | C-CHD | C-SGD | C-1 | C-2 | LI | I | I-B | A-P | P-1 | GC |
Lots | ||||||||||
Min. area (sq. ft.) | N/A | N/A | 2,000 | 2,000 | 2,000 | N/A | Public: 1 acre New subdivision: 1 acre | 2,000 | N/A | |
Min. width (ft.) (min.) | N/A | N/A | N/A | N/A | N/A | N/A | Public: N/A New subdivision: 60 ft. | N/A | N/A | |
Min. depth (ft.) (min.) | N/A | N/A | N/A | N/A | N/A | N/A | Pubic: N/A New subdivision: 120 ft. | N/A | N/A | |
Max. coverage | N/A | N/A | N/A | N/A | 60% | N/A | N/A | N/A | N/A | |
Building Frontages & Setbacks | ||||||||||
Min. front yard/street facing (ft.) | ||||||||||
All | General: 10 Adjacent to McCulloch: 20 | 10 | N/A | N/A | 25 [1] | 50 | 20 | 50 | 25 | 50 |
Min. Side Yard (ft.) | ||||||||||
General interior | N/A | N/A | N/A | N/A | N/A [1] | 10 | 10 | 10 | 50 | |
Corner lot | N/A | N/A | N/A | N/A | N/A [1] | 10 | 20 | 10 | 50 | |
Reverse corner lot | N/A | N/A | N/A | N/A | N/A [1] | N/A | N/A | 25 | 50 | |
Min. Rear Yard (ft.) | ||||||||||
General | N/A | N/A | N/A | N/A | N/A [1][2] [3] | N/A | N/A | 25 | 50 | |
Reverse corner lot | N/A | N/A | N/A | N/A | N/A | N/A | N/A | 10 | 50
| |
Max. Building Height (ft.) | ||||||||||
All buildings | General: 60 Hospitals: 100 Parking structure: 48 or height of primary structure, whichever is lower | 36 | 25 | 25 | 30 | 50 | 40 | 40 | 30 | 30 |
Notes: [1] 50 ft. if across a street from a residential zone district or use. [2] The required setback may be used for parking. [3] When the site is across an alley from a residential zone, the required setback may be used for parking or storage. | ||||||||||
B. Exceptions and encroachments.
1. Yard areas. Table 4.01-4 identifies exceptions and encroachments to required yard areas. Except for permitted exceptions in the table, each yard shall be open and unobstructed from the ground upward.
Structure, Feature, or Use | Max. Yard Encroachment | Conditions or Limits |
Structure, Feature, or Use | Max. Yard Encroachment | Conditions or Limits |
Site design elements placed directly upon the average lot grade that are less than 18 inches above the surrounding average lot grade including: • Decks • Free-standing solar devices • Steps • Terraces | • Decks and free- standing solar devices: Not closer than 3 feet to property line • Steps and terraces: May encroach any amount | |
Chimney or fireplace | 3 ft., but not closer than 3 ft. to side property line | |
Cantilevered architectural features that do not increase the floor area of the enclosed structure including: • Awnings • Balconies • Bay windows • Canopies • Cornices • Eaves • Solar devices | • Front: 3 ft. • Side: 2 ft. and no closer than 3 ft. to side property line • Rear: 3 ft. | |
Courtyard entries | • Front: Within 10 ft. of property line | • 1 per front yard • Height: 12 ft. (max.) • Width: 20 ft. (max.) ° 12 ft. of width can be at max. height of 12 ft. ° Additional 8 ft. must transition to wall height • Depth: 2 ft. (max.) |
Non-habitable, shade providing building features including: • Stoops • Porches • Canopies • Etc. | • Front: 5 ft. but no closer than 10 ft. to front property line | |
Walls | • May encroach any amount | No construction over any easement unless city encroachment permit is obtained
|
2. Height. Table 4.01-5 identifies exceptions to height limits provided in this Code.
Structure, Feature, or Use | Max. Height | Conditions or Limits |
• Stairways • Parapets • Elevator shafts • Air conditioners • Mechanical rooms • Other similar features | • 6 ft. above maximum height limit of zone district | • A maximum of 20% of the roof area may be used to exceed the building height for these features • Applies only to Mixed Use, Special Purpose, R-UMS, R-CHD, & R-SGD zoning districts |
Solar collectors | 3 ft. above maximum height limit of zoning district | • Requires building permit • Shall be set back 2 ft. (min.) from roof perimeter |
Flagpoles and religious institution towers or steeples | Exempt from height limit if not exceeding 20% of ground floor footprint of building |
3. Reverse corner lot lines. Where the secondary street frontage of a corner lot line is subject to a reverse corner lot setback in Tables 4.01-1, 4.01-2, or 4.01-3, but the lot immediately to the rear of the corner lot is not improved with a permanent structure, or is improved with a non-residential permanent structure, the Zoning Administrator may adjust the required reverse corner lot setback, provided that the adjustment does not create a significant adverse impact on the use or development of the lot immediately to the rear of the corner lot.
(Ord. 24-1342, passed 8-13-2024; Ord. 24-1340, passed 8-13-2024; Ord. 24-1337, passed 7-9-2024; Ord. 24-1323, passed 1-9-2024; Ord. 22-1288, passed 5-24-2022; Ord. 22-1285, passed 4-12-2022; Ord. 18-1203, passed 8-14-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1162, passed 9-13-2016; Ord. 16-1160, passed 9-13-2016; Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016)
A. Purpose and applicability. It is the intent of this section to provide adequate parking and loading facilities to prevent street and traffic congestion while allowing for efficient use of land. The standards of this section shall apply to all development and redevelopment unless specifically excepted or modified by another provision of this Code.
B. Exceptions and exemptions.
1. Change in permitted use or structure.
a. Whenever the use of a property is changed to a new type of permitted or conditional use, parking and loading spaces required for the new use shall be provided in compliance with this section.
b. Whenever a structure is enlarged resulting in a net increase of gross floor area, seating capacity, dwelling units, or any other unit of measurement used to determine the required number of parking spaces, parking and loading spaces for the additional capacity shall be provided in compliance with this section.
c. Notwithstanding the provisions of divisions B.1.a. and B.1.b. above, a permitted use that does not meet the parking requirements of this section may be converted to another permitted use without full compliance with the required number of parking spaces provided:
i. The amount of parking available is at least 75% of the parking required for the new use in Table 4.02-1; and
ii. The applicant provides the maximum number of parking spaces able to be accommodated on the site while complying with all other provisions of this Code and without being required to remove or partially remove an existing structure.
2. Small non-residential lots. No off-street parking shall be required for any non-residential primary use on a lot in any mixed use district that is smaller than 5,000 square feet where no portion of the front lot line is located within 100 feet of a residential district.
3. Planned development.
a. The off-street parking requirements of this section shall serve as the standard from which to request different parking requirements for a PD-O (Planned Development Overlay) District.
b. Following approval of a PD-O District and general development plan, the parking requirements in those documents shall apply instead of the parking requirements in this section.
c. If an approved PD-O Zoning District general development plan or site plan is silent on any aspect of parking addressed by this section, the provisions of this section shall apply to that aspect of parking.
4. Parking-in-common.
a. Development and redevelopment of lots subject to a parking-in-common agreement, on the effective date of this Code, shall comply with the terms of that agreement instead of the parking requirements in this section. A list of parking-in-common agreements known to the city, and the properties included in those agreements, is available from the Department.
b. The off-street parking requirements of this section shall serve as the standard from which to request different parking requirements for parking-in-common areas existing on the effective date of this Code, or for the creation of a new parking-in-common agreement after the effective date of this Code.
c. Owners of properties subject to an existing parking-in-common agreement may not physically separate or bar access to any part of the parking-in-common area in a manner not permitted by the parking-in-common agreement unless the owner first obtains modifies that agreement pursuant to § 14.05.04I.
C. Parking requirements.
1. Required parking spaces.
a. The minimum off-street parking requirements for the uses allowed by this Code are listed in Table 4.02-1.
b. When calculating parking spaces for any use, requirements for a fraction of a parking space shall be rounded up to the next highest whole number.
c. A reduction in the minimum off-street parking requirements may be permitted in accordance with division O. below.
d. For any uses not listed in Table 4.02-1, the required minimum number of off-street parking spaces shall be determined by the Zoning Administrator based on parking requirements for similar uses and any anticipated neighborhood and traffic congestion impacts.
2. Accessible parking. Within the requirements of Table 4.02-1, accessible parking shall be provided for all multi-family and non-residential uses as required by the City Building Code and the Americans with Disabilities Act (ADA).
3. Mixed uses. Where several uses occupy a single structure or parcel of land, the total requirement for off-street parking and loading shall be calculated based on division O.1.b. below.
MINIMUM REQUIRED OFF-STREET PARKING sf = square feet; gfa = gross floor area | |
LAND USE CATEGORY | STANDARD (All minimums unless otherwise listed) |
MINIMUM REQUIRED OFF-STREET PARKING sf = square feet; gfa = gross floor area | |
LAND USE CATEGORY | STANDARD (All minimums unless otherwise listed) |
RESIDENTIAL USES | |
Household living | |
Dwelling, single-family detached | 2 space/dwelling unit. At least 1 space shall be covered. |
Dwelling, 2-family dwellings | |
Dwelling, single-family attached | 1 space/dwelling unit |
Dwelling, co-housing | |
Dwelling, live/work | |
Dwelling, multi-family | 1 space/dwelling unit containing an efficiency unit. 1.5 spaces/dwelling unit containing 1 bedroom. 2 spaces/dwelling until containing 2 bedrooms or more. Plus 1 space/5 dwelling units for visitor parking. At least 1 space per unit must be covered. |
Dwelling, vacation rental | See respective dwelling type |
Manufactured housing park | 2 spaces/dwelling unit. At least 1 space shall be covered |
Group Living | |
Continuing care retirement community | 1 space/3 habitable units. Plus guest parking at 10% of resident parking standards above. At least 50% of required spaces shall be covered. |
Residential care facility | 1 space/3 beds design capacity. Plus guest parking at 10% of resident parking standards above. At least 50% of required spaces shall be covered. |
PUBLIC AND INSTITUTIONAL USES | |
Community Service | |
Cemetery or mausoleum | No requirement |
Clubs, lodges, and private meeting halls | 1 space/300 sf gfa |
College or university | 1 space/500 sf gfa of classroom, office, research, and library area. Auditorium must meet theater/auditorium parking standard. |
Community centers | 1 space/500 sf gfa |
Day care facility | 1 space/800 sf gfa |
Elementary school | 1 space per classroom plus 1 space per 250 sf in largest auditorium or meeting space |
Secondary school (junior high and high school) | 1 space per classroom plus 1 space per 200 sf in largest auditorium or meeting space |
Funeral home or mortuary | 1 space 200 sf gfa in main assembly area |
Golf course | 6 spaces/hole or 1 space/400 sf of clubhouse area, whichever is greater |
Hospital | 1 space/3 beds design capacity or 1 space/500 sf gfa, whichever is greater |
Library, museum, or gallery | 1 space/1,000 sf gfa, but not less than 2 spaces |
Long-term medical care facility | 1 space/3 beds design capacity or 1 space/500 sf gfa, whichever is greater |
Open space, park, or playground | No requirement |
Public safety facility | 1 space/300 sf gfa |
Religious facility | 1 space/6 fixed seats or per 200 sf gfa in the main assembly area, whichever is greater |
Water-related facility | As determined by the Zoning Administrator based on proposed use, traffic impacts, multi-modal transportation options, site constraints, and surrounding land uses |
Utilities & Communications | |
Public utility facility, major | No requirement |
Public utility facility, minor | |
Telecommunications facility | |
COMMERCIAL USES | |
Agriculture and Animal Related | |
Agriculture | No requirement |
Animal care and boarding | 1 space/500 sf gfa |
Community gardens | No requirement |
Plant nursery or garden supply | 1 space/500 sf gfa |
Veterinary hospital | 1 space/500 sf gfa |
Food & Beverage Service | Refer to Table 4.02-5 for drive-up/through facility stacking space requirements |
Bar or nightclub | R-UMS and MU-UMS districts: 1 space/150 sf gfa All other districts: 1 space/100 sf gfa No additional parking for approved outdoor eating areas |
Restaurant | |
Lodging | |
Bed and breakfast | 1 space/dwelling unit, plus 1 space/rentable bedroom |
Hotels, motels, and conference facilities | 2 spaces/3 guest rooms, plus 1 space/300 sf in all accessory uses including restaurants and meeting rooms; 10% of the required spaces shall be designed and dimensioned for RV parking |
Resort | As determined by the Zoning Administrator based on proposed use, traffic impacts, multi-modal transportation options, site constraints, and surrounding land uses |
Office | Refer to Table 4.02-4 for drive-up/through facility stacking space requirements |
Business, art, or vocational schools | 1 space/400 sf gfa |
Offices | R-UMS and MU-UMS districts: 1 space/500 sf gfa All other districts: 1 space/300 sf gfa |
Medical offices and clinics | R-UMS and MU-UMS districts: 1 space/400 sf gfa All other districts: 1 space/250 sf gfa |
Research and development laboratory | 1 space/600 sf gfa |
Personal Services | Refer to Table 4.02-5 for drive-up/through facility stacking space requirements |
Personal services | R-UMS and MU-UMS districts: 1 space/400 sf gfa All other districts: 1 space/250 sf gfa |
Self-storage (mini-storage) | 2 spaces |
Recreation & Entertainment | |
Entertainment, adult | 1 space/300 sf gfa |
Indoor recreation or entertainment | 1 space/300 sf gfa |
Motorsports facility | As determined by the Zoning Administrator based on proposed use, traffic impacts, multi-modal transportation options, site constraints, and surrounding land uses |
Outdoor recreation or entertainment | |
Shooting range | |
Studio | 1 space/400 sf gfa |
Theaters and auditorium | 1 space/6 seats or per 200 sf gfa in main auditorium, whichever is greater |
Retail | Refer to Table 4.02-5 for drive-up/through facility stacking space requirements |
Alcohol beverage sales | 1 space/300 sf gfa |
Building material store | 1 space/500 sf gfa |
Convenience store (with fuel sales) | 1 space/250 sf gfa |
General retail, small | R-UMS and MU-UMS districts: 1 space/400 sf gfa All other districts: 1 space/300 sf gfa |
General retail, large | 1 space/400 sf gfa |
Marijuana establishment and marijuana testing facility | 1 space/300 sf gfa |
Medical marijuana dispensary or infusion facility | 1 space/300 sf gfa |
Retail, adult | 1 space/300 sf gfa |
Retail, big box | 1 space/500 sf gfa |
Vehicles & Equipment | Refer to Table 4.02-5 for drive-up/through facility stacking space requirements |
Airport and support services | As determined by Lake Havasu City airport management |
Car wash | No requirement, but refer to Table 4.02-5 for drive-up/through facility stacking space requirements |
Heavy vehicle and equipment sales, rental, or service | 1 space/1,000 sf gfa |
Light vehicle sales or rental | 1 space/500 sf gfa in showroom |
Vehicles & Equipment | |
Light vehicle service or repair | 1 space/500 sf gfa |
Light watercraft sales, rental, or service | 1 space/500 sf gfa in showroom |
Marina | As determined by the Zoning Administrator based on proposed use, traffic impacts, multi-modal transportation options, site constraints, and surrounding land uses |
Marine equipment sales, rental, service, and storage | 1 space/500 sf gfa of sales, rental, and service area |
Parking facility | No requirement |
Recreational vehicle park | 1 space/RV site Plus guest parking at 10% of standard above. |
Vehicle and freight terminals | 1 space/2,000 sf gfa |
INDUSTRIAL USES | |
Commercial Services | |
Outdoor storage | No requirement |
Warehouse and wholesale distribution | 1 space/2,000 sf gfa |
Manufacturing & Processing | |
Heavy industry | 1 space/1,000 sf gfa |
Light industry | |
Medical marijuana cultivation facility | |
Storage or use of hazardous materials | No requirement |
Waste & Salvage | |
Recycling, large collection or light processing facility | 1 space/1,000 sf gfa |
Recycling, small collection facility | No requirement |
ACCESSORY USES | |
Accessory automated teller machine (ATM) | No requirement; refer to Table 4.02-5 for drive-up/through facility stacking space requirements |
Accessory drive-in or drive-through | No requirement; refer to Table 4.02-5 for drive-up/through facility stacking space requirements |
Accessory dwelling unit | 1 space/dwelling unit in addition to primary dwelling requirement |
Accessory, other | No requirement |
TEMPORARY USES | |
Temporary construction office or yard or real estate sales office | 2 spaces |
Temporary event or sales or other customary use | No requirement |
D. Parking alternatives. In mixed-use and non-residential zoning districts, the Zoning Administrator may approve applications containing alternatives to the number of off-street parking spaces required by Table 4.02-1, if the application meets the following standards.
1. Shared parking.
a. Location. Shared parking shall be located within 600 feet of the primary entrance of all uses served.
b. Reduction. Where a shared parking area or facility meets the location requirement of division D.1.a. above, the off-site parking required for those uses may be reduced by the factors shown in Table 4.02-2. Off-street parking required shall be the sum of the 2 parking requirements for the 2 uses divided by the factors for that combination of uses. If more than 2 uses share a parking lot or structure, the required parking shall be calculated by applying Table 4.02-2 to the 2 uses with the largest parking requirements and then adding the required parking for the additional uses.
SHARED PARKING REDUCTION FACTORS | |||||
PROPERTY USE | RESIDENTIAL | PUBLIC AND INSTITUTIONAL | FOOD, BEVERAGE, AND INDOOR ENTERTAINMENT, LODGING, RELIGIOUS ASSEMBLY | RETAIL SALES AND PERSONAL SERVICES | OFFICE & OTHER COMMERCIAL |
Residential | |||||
Public and Institutional | 1.1 | ||||
Food, Beverage, Indoor Entertainment, Lodging, Religious Assembly | 1.1 | 1.2 | |||
Retail Sales and Personal Services | 1.2 | 1.3 | 1.3 | ||
Office & Other Commercial | 1.3 | 1.5 | 1.7 | 1.2 |
c. Other sharing permitted. As an alternative to the parking reduction factors in Table 4.02-2, the Zoning Administrator may allow the following reductions in required parking:
i. Up to 50% of the parking spaces required for food, beverage, and indoor entertainment uses located within 600 feet of a non-residential use that is not normally open, used, or operated during the same hours; and
ii. Up to 100% of parking spaces required for religious assembly uses located within 600 feet of a non-residential use that is not normally open, used, or operated during the same hours.
d. Agreements. If the Zoning Administrator determines that there is significant doubt that shared parking facilities will remain available for the uses they serve, and the loss of those shared parking spaces would cause significant neighborhood impacts or traffic congestion, the Zoning Administrator may require a written agreement assuring the continued availability of the shared parking spaces for the uses they serve. If required by the Zoning Administrator, the agreement shall be on a form approved by the city and shall be filed with the application for a building permit.
2. Bicycle facilities. Any parking lot or structure containing 10 or more parking spaces shall provide adequate and safe on-site bicycle parking facilities in accordance with the following standards:
a. For parking lots required to have more than 25 vehicle parking spaces, the required number of vehicle parking spaces may be reduced by 1 space for each required bicycle parking space installed, up to a maximum 20% reduction of the number of required vehicle parking spaces.
b. Design.
i. Location. Bicycle parking facilities shall be:
(A) Located near the main customer and employee entrances to the principal use;
(B) Clearly designated;
(C) Safely separated from vehicle maneuvering areas, and
(D) Located on the ground level when in a parking structure.
ii. Minimum dimensional standards. Each bicycle parking space shall be at least:
(A) Six feet long;
(B) Two feet wide; and
(C) A minimum 5-foot wide access aisle is required beside or between each row of bicycle racks.
iii. Materials. Bicycle parking facilities shall be surfaced with all-weather material and maintained in a safe and neat condition that avoids dust.
iv. Security. Bicycle parking facilities shall be equipped with either a lockable enclosure (bicycle locker) or a permanent, secure, and stationary structure (bicycle rack) that supports the bicycle frame and to which the frame and both bicycle wheels can be locked.
3. Credit for motorcycle parking.
a. The Zoning Administrator may credit parking spaces for motorcycles or other small motorized vehicles against required off-street parking requirements in an amount of up to 5% of the standard vehicle spaces required.
4. Credit for public parking. Some or all of the required off-street parking spaces for a non-residential use may be waived by the Zoning Administrator if publicly owned off-street parking is located within a 600 foot walking distance from the main entrance of the proposed use, and the Zoning Administrator also determines that adequate parking spaces are available within the publicly owned parking area to accommodate the anticipated use.
5. Credit for on-street parking. The Zoning Administrator may credit on-street parking spaces against required off-street parking requirements if the on-street spaces are located within 600 feet of an entry of the building in which the use is located, if the Zoning Administrator determines that those parking spaces are frequently available for residents, patrons, or employees of the proposed use and structure.
6. Additional parking reductions. The Zoning Administrator may allow an additional reduction in the required number of parking spaces if the applicant submits a parking demand study, prepared in accordance with the city’s guidelines, by a qualified parking or traffic consultant, documenting the basis for granting a reduced number of spaces, and the Zoning Administrator determines the study accurately reflects the parking demand for the use or structure.
E. Parking design standards. In mixed-use and special purpose districts, parking area and facility designs shall comply with the following standards:
1. Parking layout dimensions.
a. Standard spaces. All required parking spaces must be a minimum of 9 feet in width by 18.5 feet in length and must comply with the minimum dimensions for spaces and aisles shown in the following Table 4.02-4 and Figure 4.02-1.
OFF-STREET PARKING LAYOUT DIMENSIONS | ||||||
ONE-WAY DRIVE AISLE | TWO-WAY DRIVE AISLE | |||||
Parking Angle | Stall Row Depth | Aisle Width | Stall Width | Stall Row Depth | Aisle Width | Stall Width |
30° | 17'10" | 12'10" | 9'0" | 13'11" | 18'0" | 9'0" |
45° | 20'6" | 13'0" | 9'0" | 17'4" | 18'0" | 9'0" |
60° | 21'10" | 18'0" | 9'0" | 19'7" | 18'0" | 9'0" |
90° | 24'0" for interior; 20'0" for end of row | 24'0" | 9'0" |
b. Accessible parking. All required accessible parking spaces must comply with the following standards and minimum dimensions, as illustrated in Figure 4.02-2.
i. Slope requirements.
(A) A 5 foot square area cannot exceed 1:50 slope ratio in any direction if a raised sidewalk situation exists.
(B) Curb ramps are required with a raised sidewalk situation. Ramps cannot exceed a 1:12 slope ratio.
(C) An 11 foot space and 5 foot access aisle cannot exceed a 1:50 slope ratio in any direction.
ii. Wheel stops.
(A) Wheel stops are optional with curbed sidewalks.
(B) Wheel stops shall be setback a minimum of 3 feet from the edge of a curbed sidewalk.
iii. Markings.
(A) Accessible spaces shall be distinguished from standard parking spaces using different colors or physical barriers to outline the accessible spaces, and shall meet the requirements of Figure 4.02-2.
(B) The international handicap symbol shall mark the accessible space, with a blue background and yellow symbol.
(C) A minimum 3 inch outline striping is required. This striping shall be white on asphalt and traffic yellow on concrete. Measurements shall be taken from center to center.
(D) The access aisle adjacent to an accessible space shall be clearly marked with cross-hatching stripes spaced 2 feet apart on center.
(E) Access aisle must be clearly marked with diagonal stripes spaced 2 feet on center.
iv. Signage.
(A) The accessible space shall be identified by a standard regulatory sign (0.80 reflective aluminum with blue letters on a white background) meeting the requirements of Figure 4.02-3.
(B) The sign shall be mounted on a custom or decorative post, or may be mounted on a wall if located within four feet of the edge of a sidewalk.
(C) No landscaping or other obstruction is permitted to block the view of the sign from the accessible parking space.
(D) The height of the sign shall not be more than 7 feet above grade level.
c. Recreational vehicle spaces. Recreational vehicle and boat trailer parking spaces shall be a minimum of 10 feet in width by 36 feet in length or 360 square feet in area.
d. Motorcycle spaces. Motorcycle spaces shall be a minimum of 5 feet in width by 12 feet in depth and appropriately identified.
2. Surfacing, marking, and drainage.
a. Areas used for the parking and maneuvering of any vehicle, boat, or trailer shall be improved with asphalt or concrete surfaces, or an alternate paving material approved by the Zoning Administrator.
b. Pervious or semi-pervious parking area surfacing materials may be approved alternatives, if the Zoning Administrator determines that they are appropriate for the city’s climate and the durability required for their intended use. Permitted materials may include, but are not limited to grass, mulch, “grasscrete,” ring and grid systems used in conjunction with grass seed or sod, permeable concrete or asphalt, porous or grid pavers, or recycle materials such as glass, rubber, used asphalt, brick, block, and concrete.
c. Vehicle storage areas may be surfaced with a permanent, dust-free pavement in lieu of concrete or asphalt pavement.
d. Required off-street parking spaces, drive aisles, and traffic flow indicators shall be clearly marked using reflectorized paint on the parking area pavement to maintain vehicular and pedestrian safety.
e. All on-site parking and loading areas shall include drainage facility designs that channel runoff to off-site drainage facilities as approved by the city.
3. Parking structures.
a. Parking structures are permitted up to the maximum height of the zoning district where they are located, or 48 feet, whichever is lower.
b. In the MU-CRW district, a parking structure must comply with the following setback requirements:
i. The parking structure shall be setback a minimum of 100 feet inland from the channel or 455 foot elevation line.
ii. The parking structure shall be setback a minimum of 10 feet from all right-of-way property lines.
iii. Any parking structure height above 40 feet requires a setback ratio of 1 foot of building height for every 1/2 foot of setback measured from the 10 foot right-of-way setback required in division F.2. above.
iv. The design of the structure façade shall screen the lower 4 feet of each level of parking visible from any of the public streets bounding the block on which the parking structure is located, so that portions of automobiles below hood height are not visible from those public streets.
F. Residential standards.
1. The following standards apply to parking for 1 single-family or 1 2-family residential dwelling constructed in any residential district:
a. Required parking spaces shall be hard surfaced, located off-street, and have access from a public street.
b. Required parking spaces shall be a minimum of 9 feet in width by 18.5 feet in length if uncovered and 10 feet by 18.5 feet if covered.
c. Required parking spaces shall not be located within the front setback of a lot.
2. The following standards apply to parking for multiple-family residential dwellings constructed in the R-3, R-M, R-UMS, R-CHD, R-SGD Districts and any mixed-use district:
a. Required parking spaces shall be hard surfaced, located off-street, and have access from a public street.
b. Required parking spaces shall be a minimum of 9 feet in width by 18.5 feet in length if uncovered and 10 feet by 18.5 feet if covered.
c. Driveways and parking access ways shall not occupy more than 50% of the required front setback area.
d. Required parking spaces shall not be located within the front setback of a lot.
e. The parking area shall be designed to prevent a vehicle from backing onto, into, or over a public right-of-way.
G. Parking of oversized vehicles. The following standards apply to all properties in the residential and mixed use zone districts.
1. Oversized vehicles. Vehicles with a rated chassis capacity in excess of 2 tons, a gross vehicle weight in excess of 10,500 pounds, or any vehicle with more than 2 axles, may not be parked on any lot, except for the purpose of loading or unloading of goods, except as provided in division H.2. below.
2. Recreational vehicles. A recreational vehicle exceeding 10,500 pounds that is owned by the lot owner, or the lessee of the lot, may be parked on the lot if the property is developed with a primary use (e.g. a house).
H. Drive-through vehicle stacking. The following standards apply to all properties with a drive-through facility.
1. Stacking space requirements.
DRIVE-THROUGH STACKING SPACE REQUIREMENTS | ||
ACTIVITY | MINIMUM STACKING SPACES (PER LANE) | MEASURED FROM |
Bank, financial institution, or ATM | 3 | Teller or window |
Restaurant/retail store | 3 | Pick-up window |
Full service car wash | 3 | Outside of washing bay |
Self-service car wash | 1 | Outside of washing bay |
Other | Determined by the Zoning Administrator based on anticipated need to avoid traffic congestion on adjacent streets |
2. Location and design of stacking lanes.
a. Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be audible beyond the property line of the site.
b. Drive-through stacking lanes shall have a minimum width of 10 feet.
c. Stacking lanes shall be set back 15 feet from each right-of-way.
I. Off-street loading requirements.
1. Minimum requirements for off-street loading space.
a. A required off-street loading space shall not be less than 10 feet in width by 25 feet in length and shall have an unobstructed height of 14 feet.
b. Off-street loading space shall be provided as set forth in Table 4.02-6 below, except as provided in division J.2. below.
OFF-STREET LOADING SPACE STANDARDS FOR BUILDINGS EXCEEDING 20,000 SQ. FT. OF GROSS FLOOR AREA | |
TYPE OF USE OR FACILITY | OFF-STREET LOADING REQUIREMENT |
• Office or lodging • Personal services and repair • Retail store (large) | 1 space for each 50,000 sf of gross floor area in the structure, or part thereof, up to a maximum of 3 spaces |
• Building material sales • Garden material sales • Furniture and floor covering sales • Industrial services and manufacturing light vehicle sales, rental, storage, repair, or service • Heavy vehicle and equipment sales, rental, storage, repair, or service • Wholesaling | 1 space for each 50,000 sf of gross floor area in the structure, or part thereof, up to a maximum of 2 spaces |
• Bus and truck terminals | As determined by the Zoning Administrator to accommodate the maximum number of buses or trucks to be stored or loading/unloading at the terminal at any one time |
2. Existing structures. If the aggregate gross floor area of any existing building is increased by more than 50%, off-street loading space shall be provided in accordance with Table 4.02-6 above, to the extent required for the original gross floor area and its expansion. If the aggregate gross floor area of any existing building is increased by 50% or less, then the new off-street loading space shall be provided to the extent required for the expansion only.
3. Design and use of off-street loading areas.
a. Off-street loading space shall be located on the same lot occupied by the use served and shall be accessible from a public street or alley.
b. Off-street loading space shall not be occupied by or considered as any part of the required off-street parking areas.
c. No portion of an off-street loading space shall be located within any fire lane required by city ordinance or within aisles, driveways, or maneuvering areas necessary to provide reasonable access to any parking space.
d. Off-street loading space and the aisles or driveways leading to them shall not be used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials or supplies.
e. Any off-street loading area located within 100 feet of the boundary of a residential zone district shall be screened from view from the district by a masonry wall at least 8 feet in height of a color matching 1 of the primary colors used on the primary façade of the building.
J. Landscaping and screening. All parking areas and facilities shall comply with the screening and landscaping requirements of § 14.04.04.
(Ord. 20-1247, passed 12-8-2020; Ord. 18-1203, passed 8-14-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016; Ord. 23-1318, passed 9-12-2023)
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